Ala. Pattern Jury Instr. (Criminal) 13A-10-40

Bail Jumping in the Second Degree

The defendant is charged with bail jumping in the second degree.

A person commits the crime of bail jumping in the second degree if, having been

lawfully released from custody, with or without bail, upon condition that he/she will

subsequently appear at a specified time and place in connection with a charge of his/her

having committed any Class C felony or any misdemeanor, he/she fails to appear at the

time and place.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The Defendant had been lawfully released from custody, with or without

bail, upon condition that he/she would subsequently appear at a specified

time and place, [insert description];

(2) The Defendant’s release was in connection with a charge of his/her having

committed murder or any Class C felony or any misdemeanor, [insert

charge];

(3) The Defendant failed to appear at the time and place; (AND)

(4) The Defendant acted [insert appropriate mens rea element - See Use

Notes].

Custody is a restraint or detention by a public servant pursuant to a lawful arrest,

conviction or order of court, but does not include mere supervision of probation or parole,

or constraint incidental to release on bail. [13A-10-30(b)(1)]

A Class C Felony is a crime for which a sentence to a term of imprisonment for not

more than 10 years or less than 1 year and a day may be imposed. [13A-5-6(a)(3)]

A misdemeanor is an offense for which a sentence to a term of imprisonment not

in excess of one year may be imposed. [13A-1-2(9); 13A-5-7]

[Read as appropriate]: It is a defense that the Defendant’s failure to appear was

unintentional or was unavoidable and due to circumstances beyon d his/her control. The

burden of injecting the defense is on the Defendant.

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the above elements of bail jumping in the second degree, then you shall find the

defendant guilty of bail jumping in the second degree.

If you find that the State has failed to prove any one or more of the elements of bail

jumping in the second degree, then you cannot find the defendant guilty of bail jumping

in the second degree.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]